Adminstrative Rules

Internal agency memoranda may not bind the public, since there is no opportunity for public comment and no public awareness of the rule with which the public is supposed to comply. Decision: 1 N.J.A.R. 365

Internal agency memoranda are not binding on an administrative law judge. Decision: 1 N.J.A.R. 365

Promulgation

Agency policy of general applicability should be promulgated in a rule. Decision: 5 N.J.A.R. 120

Validity

A failure to demonstrate that a rule is unduly onerous, unreasonable or outside the scope of delegated authority supports a presumption that the rule is valid. Decision: 1 N.J.A.R. 203

A regulation restricting the purchase of pension credit is invalid where it conflicts with a statute governing the same subject matter, since it is well settled that an agency may not exceed declared statutory policy. Decision: 3 N.J.A.R. 083

The standard by which to judge regulations is whether they have a rational relationship to the purpose intended, not whether there might be another way to accomplish the same goals. Decision: 4 N.J.A.R. 294